Saturday, April 14, 2018

At Last, An Ally. Merci, Quebec.

Let's hit bully boy Justin where it hurts, in his home province of Quebec, where the government has come out swinging in support of British Columbia. The first and, to date, only province that has rallied to our side.

Quebec politicians are speaking out against Ottawa's intention to override British Columbia in its opposition to the Kinder Morgan Trans Mountain pipeline extension, and are calling for more collaboration with provincial governments when it comes to environmental legislation.

In an open letter published today in La Presse, Jean-Marc Fournier, the Quebec minister responsible for Canadian relations, called on the federal government to acknowledge and work with provincial legislation with regards to projects that touch both provincial and federal jurisdiction.

"The recent assertions of federal representatives regarding the Trans Mountain pipeline, which refer to an exclusive application of federal rules, are detrimental to a proper resolution of this issue and raise concerns for the future," he wrote.

"Not a Good Sign for Federalism"

...Quebec Premier Philippe Couillard said Thursday that the federal government's plans to go ahead with the pipeline are "not a good sign for federalism."

"At the end of the day it's about people, citizens living on the land," Couillard said. "Why don't we work together and exercise our full jurisdiction?"

One federal official, Finance Minister Bill Morneau, said Friday that Ottawa is "resolved to move forward on the project."

"We have the federal tools to do that. We will be, of course, discussing how to do that with the project proponent," Morneau said.

Fournier said these types of claims encourage those running these projects to ignore provincial environmental rules enacted on behalf of citizens interested or affected by projects that could have environmental consequences.

In the ensuing 37 years, Woodward has come to know a thing or two about Canada’s constitution. For one, he fought the Tsilhqot’in Nation’s title case for a quarter century, resulting in the landmark Supreme Court ruling that the nation holds title to about 1,900 square kilometres of its traditional territory in B.C.

So when Woodward hears pundits and politicians bandying around the phrase “unconstitutional,” his ears perk up.

“The government of Alberta will not — we cannot — let this unconstitutional attack on jobs and working people stand,” Alberta Premier Rachel Notley said after the B.C. government announced its intention to limit the transport of diluted bitumen through the province in January.

“She’s completely wrong about that,” Woodward told DeSmog Canada. “And if she was right, she could go to court. But she knows she’s not right, so that’s why she’s using that word as if it is a political tool rather than a legal tool … That’s a superficial and incorrect view of how the Canadian constitution works.”

...Beyond Indigenous rights, landmark rulings such as the Tsilhqot’in decision have emphasized something called “co-operative federalism.”

“The modern trend of federalism is that nobody has the upper hand — and everyone has to work it out,” Woodward said.

Prime Minister Justin Trudeau’s statements on the Trans Mountain pipeline also seem ignorant of that reality.

“Look, we're in a federation,” Trudeau has said. “We're going to get that pipeline built.”

But Canada’s constitution governs by the principle that you err on the side of allowing two different laws to exist if at all possible, Woodward says.

“So it’s true that Canada could authorize a pipeline, but it’s also true that B.C. could probably govern safety aspects of that pipeline within B.C. including regulation of hazardous products, such as diluted bitumen,” Woodward said.

6 comments:

It seems we are on the cusp of electing Trump north, so Ontario won’t support BC, but please know a lot of individuals here do. I live rather close to the route of the former Energy East pipeline project and I am hugely grateful to Quebec for sinking that idea. May they be as successful for you this time.

I'm not a New Dem but I have some sympathy for Singh. He's inexperienced and faced by a struggle between NDP premiers in two adjoining provinces. On ridings alone he should side with BC but he's still torn. He's not been impressive from what I've seen so far.